The father who triggered a nationwide manhunt after absconding with his two sons has been granted bond, but, as of Thursday afternoon, had yet to post it.

A panicked search for Ben and Henry Cleary -- the 9- and 7-year-old who live with their mother in Suwanee -- began in late December after their father, Daniel Cleary, never returned with them after a trip to Tennessee. Three days after they had been due to return home, authorities located them at a hotel in Austin, Texas.

Daniel Cleary, 46, of Roswell, was arrested and is facing two counts of interference with custody. Fulton County Jail records showed that Cleary was extradited from Texas and placed into local custody on Jan. 26.

Earlier this week, a Fulton County judge granted Cleary a $40,000 bond. As of Wednesday afternoon, sheriff's department records showed he had not yet posted that money or been released.

Theresa Nash, the boys' mother, told the Daily Post that she was assured that, if released, Cleary would be under several restrictions: namely that he will wear an ankle bracelet, be under curfew with the exception of work and face restraining orders with Nash and their sons.

Nash declined a full interview, but shared a few thoughts via email.

"I was saddened by the possibility of bond, but he has not made bond yet and for the safety of the boys, I am hoping he will not make bond," she wrote. "There is also a strong possibility of more charges coming down the pike, which would necessitate the reevaluation of bond."

It was unclear Wednesday who was representing Cleary in the proceedings. Nash said a public defender had been appointed to him.

Comments

I don't condone what he did, but this is an example of a family court system that uses a cookie cutter method for child support, custody and visitation, with men usually on the receiving end of court abuses. Until there is fairness in family court, these incidents will pop up from time to time with frustrated non custodial parents who feel victimized by a dysfunctional system.

I'm very confused here. How can a father kidnap his own children? The Bible (basis of our laws) clearly indicates that the father is head of the household. If he wants to take his children, they're his to take. This mother needs to cede control back these boys' father and get in line with God's will.

What this man did was 100% wrong, and he should be in jail. However, as a stepmom, I can completely understand his pain. Just by virtue of one of the spouses wanting a divorce and just by the virtue of the fact that you are a male, even if you didn't want a divorce and never did anything to cause it, a judge will tell you that you are only allowed to see your children four days out of each month. How can you be a parent to your children when you are only allowed to see them 4 days out of every 30? We need shared parenting laws in every state. In the case of a divorce, it should be presumed by the courts, that children should spend as close to equal time with each parent as possible unless it can be proven in court why this will harm the children. Too many kids have their fathers reduced to "visitors" in their lives simply because of a divorce.

There is probably a good reason for the mother's fears. I would have welcomed a joint custody agreement and shared parenting with my ex-husband. However, I fought long and hard for sole physical and legal custody with no visitation. My ex had mental instability and rage issues that he only addressed when forced to by the court. He stopped treatment once the divorce was final. We only feel safe because he has moved to a different state.

I dont condone what he did at all however, the mother seems like a total fruitcake basket herself in interviews and i may run like the wind if I had to come home to that everyday,,,and it seems that there are many underlying issues that we dont know about. I am sure she is not totally innocent either and even though his decision to run with the kids should have never happened. He did not harm them, had no intention of harming them either, or he would not make bond at all. He has rights as a father that will dwindle down to no rights if he is not be real careful on his own actions. I mean running with the kids, thats moronic.

I see a lot more coming out on this and I am willing to bet their is some skitzo crap going on and DFACS needs to investigate this completely. I am sure they are and that is why we are seeing a bond posted. It seems their may be more than one crazy in the home and the kids welfare will be taken into consideration. I dont believe this case will fall between any cracks as it is a high profile case currently. Betcha money we are gonna find out the mom and dad have their own issues and their hatred for one another currently is damaging the kids lives and only time will heal these wounds. Sad story that we hope they get worked out for the kids benefit.